DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490


 
Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 18 May 2021.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinion contained in Navy Personnel Command (NPC) memorandum 1430 PERS 8031/0172 of 11 June 2020; a copy of which was previously provided to you for comment.   
 
On 8 February 2018, you entered active duty.  On 16 November 2018, you were advanced to HN/E-3.  On 12 March 2019, you were found guilty at non-judicial punishment (NJP) for violation of Article 92 and were awarded a reduction in rate (RIR) to HA/E-2.  On 18 December 2019, you were found guilty at non-judicial punishment (NJP) for violation of Article 92 and were awarded a reduction in rate (RIR) to HR/E-1.  On 18 August 2020, you were advanced to HA/E-2.  
 
You requested to correct your rank.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that in accordance with MILPERSMAN 1430-020, you were afforded the opportunity to submit a request for reinstatement of rank to E-3 no earlier than six months after your 12 March 2019.  The Board could not find, nor did you provide, any evidence of an approval from your Commanding Officer (CO) for reinstatement for advancement to HN/E-3 prior to your NJP on 18 December 2019.  In addition, the Board agreed that your offense on 7 October 2019, which resulted of your NJP on 18 December 2019, that no evidence shows that your CO recommended for advancement to HN/E-3 effective 12 December 2019; in accordance with BUPERSINST 1430.16G.   
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
Sincerely, 

6/8/2021
Deputy Director